Do Associations Have Legal Standing to Evict Renters?
I was recently interviewed by a local news reporter who asked if condominium associations have legal standing to evict renters within their association. The laws in Michigan are very clear on this issue. First, according to MCL 559.212, a co-owner who desires to rent his or her unit must notify the association in writing at least ten (10) days before leasing the unit, as well as provide the association with the exact lease so that it can be determined to be in compliance with all condominium documents.
Tenant in Default
The tenant occupying the unit, while not a co-owner, must nonetheless comply with all of the conditions of the condominium documents. If the association determines that the tenant is not complying with the documents, the association can take the following actions: 1) Notify the co-owner of the alleged violations by the tenant. The co-owner then has fifteen (15) days after receipt of the notice in which to either correct the alleged violations or advise the association that no violation has occurred; 2) If after fifteen (15) days, the association deems that the alleged violation has not been cured or that it may be repeated, the association may proceed with an eviction against the tenant as well as money damages against the tenant and co-owner for breach of the conditions of the condominium documents.
Co-owner Delinquent in Assessments
Furthermore, if a co-owner who is renting his or her unit is found to be in arrearage for assessments, the association may give written notice to the tenant that they are deducting the assessment amount due the association from the tenant’s lease payment to the co-owner. If the tenant then refuses to remit payment to the association, the association can proceed with the process of evicting the tenant and procuring money damages from the tenant and co-owner.
The laws in Michigan are very clear on this matter that associations do indeed have the legal authority to evict tenants residing within their community. However, I strongly urge your association to consult with experienced community association legal counsel before proceeding down such a path.